19-September-2024-Special-Article

LEGAL FRAMEWORK REGARDING RAPE IN INDIA

The rise in rape cases across India has sparked urgent discussions about the need for comprehensive legal reforms, stricter punishments, and societal changes to combat sexual violence.

Addressing the issue requires both legal mechanisms and shifts in social behaviour to ensure the safety and dignity of women in the country.

What is Rape?

Rape is legally defined as an act of sexual intercourse by a man with a woman without her consent. It also includes situations where the woman is coerced, misled, or unable to give consent due to age or incapacity. According to the Bharatiya Nyaya Sanhita (BNS), 2023, sexual intercourse with a woman under 18 years of age is always considered rape, irrespective of her consent.

Types of Rape in India

• Aggravated Rape: Occurs when the offender holds a position of power or trust over the victim, such as a police officer, doctor, or guardian.
• Rape and Murder: This involves cases where rape results in the death or vegetative state of the victim.
• Gang Rape: When multiple individuals simultaneously commit rape against the same victim.
• Marital Rape: Though not criminalized in India, this term refers to non-consensual sexual intercourse between spouses.

Laws Governing Rape in India

• Bharatiya Nyaya Sanhita (BNS), 2023: This law, which replaced the Indian Penal Code (IPC), has specific provisions for aggravated rape, especially in cases involving minors, with punishments ranging from life imprisonment to the death penalty.
• Criminal Law (Amendment) Act, 2013: Passed in the wake of the 2012 Nirbhaya case, this law increased the minimum sentence for rape to 10 years, and for cases resulting in death or permanent disability, the minimum sentence was raised to 20 years.
• Criminal Law (Amendment) Act, 2018: Introduced harsher penalties, including the death penalty, for rapes involving minors under the age of 12.
• Protection of Children from Sexual Offences (POCSO) Act, 2012: This law is designed to protect children from sexual abuse, harassment, and exploitation, providing a robust legal framework for crimes against minors.

Rights of Rape Victims

• Right to File Zero FIR: Victims can file a First Information Report (FIR) at any police station, regardless of jurisdiction. The case will later be transferred to the relevant authority.
• Free Medical Treatment: Under Section 357C of the Code of Criminal Procedure (now replaced by Bharatiya Nagarik Suraksha Sanhita, BNSS, 2023), hospitals are required to offer free medical care to rape victims.
• No Two-Finger Test: Medical professionals are prohibited from conducting the degrading “two-finger test” on rape survivors, which has been criticized as violating their dignity.
• Compensation for Victims: Section 357A of the CrPC mandates compensation for victims based on guidelines set by the National Legal Services Authority.
• Time-Bound and Harassment-Free Investigation: Victim statements must be recorded by a female officer, in the presence of family members if needed, and investigations must be conducted sensitively.

Factors Contributing to Rising Rape Cases in India

• Normalization of Rape: Rape jokes, sexist behavior, and victim-blaming create an environment where sexual violence is often downplayed or excused.
• Alcohol Abuse: Excessive alcohol consumption is frequently linked to aggressive behavior and sexual violence.
• Misogynistic Media Representation: Films and TV shows in India often depict women as objects, perpetuating harmful stereotypes that contribute to rape culture.
• Gender Imbalance: A skewed sex ratio, with fewer women than men in the population, has been correlated with higher rates of violence against women.
• Low Female Representation in Police: The lack of female officers can deter women from reporting rape, as they may feel more comfortable with a female investigator.
• Victim Shaming: Social attitudes often blame victims for their own assaults, particularly based on their behavior or attire, which deters reporting and contributes to a cycle of violence.

Challenges

• Low Conviction Rates: Despite legal reforms, conviction rates in rape cases have remained below 30%. Many cases are mishandled due to corruption, delayed investigations, or inadequate evidence collection.

• Societal Stigma: Survivors often face social ostracism and blame, making them less likely to pursue justice.
• Judicial Overload: India’s courts are overwhelmed with pending cases, leading to prolonged trials, which can weaken the evidence and affect the outcome of the case.

Impacts of Rising Rape Cases

• Restriction on Women’s Freedom: Fear of sexual violence curtails women’s mobility and participation in public life, limiting their personal and professional opportunities.
• Economic Consequences: Sexual violence imposes a significant economic burden on survivors, including medical costs, legal fees, and loss of income.
• Erosion of Trust in Law Enforcement: The prevalence of rape and the low conviction rates contribute to a growing lack of faith in the police and judiciary.

Way Forward

• Legal Reforms: The focus should shift from harsher punishments to ensuring swift and certain justice. Implementing reforms suggested by the Justice Verma Committee, including police reforms and criminalization of marital rape, remains critical.
• Changing Social Norms: Public education on the importance of consent and respect is crucial. Societal attitudes towards rape must evolve to prevent victim-blaming and normalize reporting.
• Media Accountability: The portrayal of women in films and media should be regulated to prevent the objectification of women and promote respectful representation.
• Comprehensive Sex Education: Schools should introduce programs to educate students on topics like consent, gender equality, and the consequences of sexual violence.
• Support Systems for Victims: A more supportive environment, including access to mental health resources, legal aid, and societal support, can help survivors pursue justice without fear of stigma.

Conclusion

Addressing rape in India requires a multi-pronged approach that includes legal reforms, societal change, and strong support systems for survivors. While progress has been made in recent years, more work is needed to ensure that women feel safe and that perpetrators are held accountable. Only by changing attitudes and enforcing laws rigorously can India hope to curb this grave social issue.

Mains Question:

Q. “Examine the effectiveness of the current legal framework in India to address the rising incidents of rape, and suggest reforms needed to ensure swift justice and societal change.” (150 WORDS).